Here is a small guide for future landlords on how to reclaim a rental property.
Reclaiming rental property is a delicate issue that requires a deep understanding of current laws and regulations. The Civil Code of Quebec (CcQ) establishes strict rules that landlords must follow to reclaim a property. This article aims to provide essential information to future landlords of rental buildings and the real estate agents who represent them.
Exceptions Allowing for Property Reclamation
According to Article 1957 of the CcQ, a landlord can reclaim a property for the following reasons:
To reside in it themselves
To house their children, parents, or other family members for whom they are the primary support
To house their ex-spouse, provided they are the primary support
If the landlord does not fall into one of these categories, they can only reclaim the property with the tenant's consent.
Restrictions on Property Reclamation
Corporations Corporations cannot reclaim a property as they have neither ascendants nor descendants, nor spouses.
Joint Ownership Article 1958 of the CcQ states that if a property is held by more than one owner, reclamation is only possible if the owners are spouses. In the case of undivided co-ownership, new buyers must come to an agreement with the tenant to reclaim the property.
Availability of a Similar Property: A property can only be reclaimed if no other similar property is available.
Protection of the Elderly: A property occupied by a person aged 70 or older, who has been residing there for at least 10 years and is eligible for low-rent housing, cannot be reclaimed without the tenant's agreement.
Procedures and Deadlines
The CcQ requires the landlord to inform the tenant of the reclamation within specific deadlines, which vary depending on the duration of the lease. It is recommended to use the forms provided by the Administrative Housing Tribunal (TAL) to ensure all legal requirements are met.
Deadlines to Observe
According to the CcQ, the deadlines for providing a notice of property reclamation vary depending on the duration of the lease:
For a lease longer than 6 months: The notice must be given 6 months before the end of the lease.
For a lease of 6 months or less: The notice must be given 1 month before the end of the lease.
For an indefinite-term lease: The notice must be given 6 months before the planned date for reclaiming the property.
It is crucial to adhere to these deadlines to avoid any legal disputes.
Content of the Notice
The notice must be clear, precise, and comply with legal requirements. It is strongly advised to use the notice template provided by the Administrative Housing Tribunal (TAL) to ensure that all necessary information is included. Failure to meet these criteria can result in the invalidation of the notice and, consequently, the reclamation procedure.
Who Should Send the Notice?
It is important to note that the notice must be sent by the person wishing to reclaim the property. Therefore, the buyer must become the legal owner of the building before the deadline for sending the notice.
Reclaiming rental property is a complex process governed by strict laws. A thorough understanding of these laws is essential for real estate agents and future landlords of rental buildings. When in doubt, it is always better to consult experts in the field.
For more information, visit the website of the Administrative Housing Tribunal.